Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah)

The Apostle of Allah (peace_be_upon_him) said: When Allah has a good purpose for a ruler, He appoints for him a sincere minister who reminds him if he forgets and helps him if he remembers; but when Allah has a different purpose from that for him. He appoints for him an evil minister who does not remind him if he forgets and does not help him if he remembers.

Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.

He sent his son to the Prophet (peace_be_upon_him) and said to him: Go to the Prophet (peace_be_upon_him) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.

He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?

He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.

He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.

He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.

Al-Mustawrid heard the Prophet (peace_be_upon_him) say: He who acts as an employee for us must get a wife; if he has not a servant, he must get one, and if he has not a dwelling, he must get one. He said that AbuBakr reported: I was told that the Prophet (peace_be_upon_him) said: He who takes anything else he is unfaithful or thief.

The Prophet (peace_be_upon_him) appointed me to collect sadaqah and then said: Go, AbuMas'ud, I should not find you on the Day of Judgment carrying a camel of sadaqah on your back, which rumbles, the one you have taken by unfaithful dealing in sadaqah. He said: If it is so, I will not go. He said: Then I do not force you.

When I entered upon Mu'awiyah, he said: How good your visit is to us, O father of so-and-so. (This is an idiom used by the Arabs on such occasions). I said: I tell you a tradition which I heard (from the Prophet). I heard the Apostle of Allah (peace_be_upon_him) say: If Allah puts anyone in the position of authority over the affairs of the Muslims, and he secludes himself (from them), not fulfilling their needs, wants, and poverty, Allah will keep Himself away from him, not fulfilling his need, want and poverty. He said: He (Mu'awiyah) appointed a man to fulfil the needs of the people.

Malik ibn Aws ibn al-Hadthan said: One day Umar ibn al-Khattab mentioned the spoils of war and said: I am not more entitled to this spoil of war than you; and none of us is more entitled to it than another, except that we occupy our positions fixed by the Book of Allah, Who is Great and Glorious, and the division made by the Apostle of Allah (peace_be_upon_him), people being arranged according to their precedence in accepting Islam, the hardship they have endured their having children and their need.

Zayd ibn Aslam said: Abdullah ibn Umar entered upon Mu'awiyah. He asked: (Tell me) your need, AbuAbdurRahman. He replied: Give (the spoils) to those who were set free, for I saw the first thing the Apostle of Allah (peace_be_upon_him) did when anything came to him was to give something to those who had been set free.

The Prophet (peace_be_upon_him) said: I am nearer to the believers than themselves, so if anyone leaves property, it goes to his heirs, and if anyone leaves debt and dependants, let the matter come to me and I shall be responsible.

Sulaym ibn Mutayr reported on the authority of his father that Mutayr went away to perform hajj.

When he reached as-Suwaida', a man suddenly came searching for medicine and ammonium anthorhizum extract, and he said: A man who heard the Apostle of Allah (peace_be_upon_him) addressing the people commanding and prohibiting them, told me that he said: O people, accept presents so long as they remain presents; but when the Quraysh quarrel about the rule, and the presents are given for the religion of one of you, then leave them alone.

Mutayr said: I heard a man say: I heard the Apostle of Allah (peace_be_upon_him) in the Farewell Pilgrimage. He was commanding and prohibiting them (the people). He said: O Allah, did I give full information? They said: Yes. He said: When the Quraysh quarrel about the rule among themselves, and the presents become bribery, them leave them. The people were asked: Who was he (who narrated this tradition)? They said: This was Dhul-Zawa'id, a Companion of the Apostle of Allah (peace_be_upon_him).

A son of Adi ibn Adi al-Kindi said that Umar ibn AbdulAziz wrote (to his governors): If anyone asks about the places where spoils (fay') should be spent, that should be done in accordance with the decision made by Umar ibn al-Khattab (Allah be pleased with him). The believers considered him to be just, according to the saying of the Prophet (peace_be_upon_him): Allah has placed truth upon Umar's tongue and heart. He fixed stipends for Muslims, and provided protection for the people of other religions by levying jizyah (poll-tax) on them, deducting no fifth from it, nor taking it as booty.

Malik ibn Aws al-Hadthan said: One of the arguments put forward by Umar was that he said that the Apostle of Allah (peace_be_upon_him) received three things exclusively to himself: Banu an-Nadir, Khaybar and Fadak. The Banu an-Nadir property was kept wholly for his emergent needs, Fadak for travellers, and Khaybar was divided by the Apostle of Allah (peace_be_upon_him) into three sections: two for Muslims, and one as a contribution for his family. If anything remained after making the contribution of his family, he divided it among the poor Emigrants.

Fatimah was demanding (the property of) sadaqah of the Apostle of Allah (peace_be_upon_him) at Medina and Fadak, and what remained from the fifth of Khaybar. Aisha quoted AbuBakr as saying: The Apostle of Allah (peace_be_upon_him) said: We are not inherited; whatever we leave is sadaqah. The family of Muhammad will eat from this property, that is, from the property of Allah. They will not take more then their sustenance.

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Apostle of Allah (peace_be_upon_him), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Apostle of Allah (peace_be_upon_him) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (peace_be_upon_him) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Apostle of Allah (peace_be_upon_him) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Apostle of Allah (peace_be_upon_him).

AbutTufayl said: Fatimah came to AbuBakr asking him for the inheritance of the Prophet (peace_be_upon_him). AbuBakr said: I heard the Apostle of Allah (peace_be_upon_him) say: If Allah, Most High, gives a Prophet some means of sustenance, that goes to his successor.

AbulBakhtari said: I heard from a man a tradition which I liked. I said to him: Write it down for me. So he brought it clearly written to me.

(It says): Al-Abbas and Ali entered upon Umar when Talhah, az-Zubayr, AbdurRahman and Sa'd were with him. They (Abbas and Ali) were disputing.

Umar said to Talhah, az-Zubayr, AbdurRahman and Sa'd: Do you not know that the Apostle of Allah (peace_be_upon_him) said: All the property of the Prophet (peace_be_upon_him) is sadaqah (alms), except what he provided for his family for their sustenance and their clothing. We are not to be inherited.

They said: Yes, indeed. He said: The Apostle of Allah (peace_be_upon_him) used to spend from his property on his family, and give the residue as sadaqah (alms). The Apostle of Allah (peace_be_upon_him) then died, and AbuBakr ruled for two years. He would deal with it in the same manner as the Apostle of Allah (peace_be_upon_him) did. He then mentioned a little from the tradition of Malik ibn Aws.

Yazid ibn Hurmuz said that when Najdah al-Haruri performed hajj during the rule of Ibn az-Zubayr, he sent someone to Ibn Abbas to ask him about the portion of the relatives (in the fifth). He asked: For whom do you think? Ibn Abbas replied: For the relatives of the Apostle of Allah (peace_be_upon_him). The Apostle of Allah (peace_be_upon_him) divided it among them. Umar presented it to us but we found it less than our right. We, therefore returned it to him and refused to accept it.

I, al-Abbas, Fatimah and Zayd ibn Harithah gathered with the Prophet (peace_be_upon_him) and I said: Apostle of Allah, if you think to assign us our right (portion) in this fifth ( of the booty) as mentioned in the Book of Allah, and this I may divide during your lifetime so that no one may dispute me after you, then do it. He said: He did that. He said: I divided it during the lifetime of the Apostle of Allah (peace_be_upon_him). AbuBakr then assigned it to me. During the last days of the caliphate of Umar a good deal of property came to him and took out our portion. I said to him: We are well to do this year; but the Muslims are needy, so return it to them. He, therefore, returned it to them. No one called me after Umar. I met al-Abbas when I came out from Umar. He said: Ali, today you have deprived us of a thing that will never be returned to us. He was indeed a man of wisdom.

AbdulMuttalib ibn Rabi'ah ibn al-Harith said that his father, Rabi'ah ibn al-Harith, and Abbas ibn al-Muttalib said to AbdulMuttalib ibn Rabi'ah and al-Fadl ibn Abbas: Go to the Apostle of Allah (peace_be_upon_him) and tell him: Apostle of Allah, we are now of age as you see, and we wish to marry. Apostle of Allah, you are the kindest of the people and the most skilled in matchmaking. Our fathers have nothing with which to pay our dower. So appoint us collector of sadaqah (zakat), Apostle of Allah, and we shall give you what the other collectors give you, and we shall have the benefit accruing from it. Ali came to us while we were in this condition.

He said: The Apostle of Allah (peace_be_upon_him) said: No, I swear by Allah, he will not appoint any of you collector of sadaqah (zakat).

Rabi'ah said to him: This is your condition; you have gained your relationship with the Apostle of Allah (peace_be_upon_him) by marriage, but we did not grudge you that. Ali then put his cloak on the earth and lay on it.

He then said: I am the father of Hasan, the chief. I swear by Allah, I shall not leave this place until your sons come with a reply (to the question) for which you have sent them to the Prophet (peace_be_upon_him).

AbdulMuttalib said: So I and al-Fadl went towards the door of the apartment of the Prophet (peace_be_upon_him). We found that the noon prayer in congregation had already started. So we prayed along with the people. I and al-Fadl then hastened towards the door of the apartment of the Prophet (peace_be_upon_him). He was (staying) with Zaynab, daughter of Jahsh, that day. We stood until the Apostle of Allah (peace_be_upon_him) came. He caught my ear and the ear of al-Fadl.

He then said: Reveal what you conceal in your hearts. He then entered and permitted me and al-Fadl (to enter). So we entered and for a little while we asked each other to talk. I then talked to him, or al-Fadl talked to him (the narrator, Abdullah was not sure).

He said: He spoke to him concerning the matter about which our fathers ordered us to ask him. The Apostle of Allah (peace_be_upon_him) remained silent for a moment and raised his eyes towards the ceiling of the room. He took so long that we thought he would not give any reply to us. Meanwhile we saw that Zaynab was signalling to us with her hand from behind the veil, asking us not to be in a hurry, and that the Apostle of Allah (peace_be_upon_him) was (thinking) about our matter.

The Apostle of Allah (peace_be_upon_him) then lowered his head and said to us: This sadaqah (zakat) is a dirt of the people. It is legal neither for Muhammad nor for the family of Muhammad. Call Nawfal ibn al-Harith to me. So Nawfal ibn al-Harith was called to him.

The Prophet (peace_be_upon_him) then said: Call Mahmiyyah ibn Jaz'i to me. He was a man of Banu Zubayd, whom the Apostle of Allah (peace_be_upon_him) had appointed collector of the fifths.

The Apostle of Allah (peace_be_upon_him) said to Mahmiyyah: Marry al-Fadl (to your daughter). So he married him to her. The Apostle of Allah (peace_be_upon_him) said: Stand up and pay the dower from the fifth so-and-so on their behalf. Abdullah ibn al-Harith did not name it (i.e. the amount of the dower).

Mujja'ah went to the Prophet (peace_be_upon_him) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed.

The Prophet (peace_be_upon_him) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (peace_be_upon_him) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam.

He then asked AbuBakr for them later on, and brought to him the document of the Prophet (peace_be_upon_him). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates.

The text of the document written by the Prophet (peace_be_upon_him) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."

We were at Mirbad. A man with dishevelled hair and holding a piece of red skin in his hand came.

We said: You appear to be a bedouin. He said: Yes. We said: Give us this piece of skin in your hand. He then gave it to us and we read it. It contained the text: "From Muhammad, Apostle of Allah (peace_be_upon_him), to Banu Zuhayr ibn Uqaysh. If you bear witness that there is no god but Allah, and that Muhammad is the Apostle of Allah, offer prayer, pay zakat, pay the fifth from the booty, and the portion of the Prophet (peace_be_upon_him) and his special portion (safi), you will be under by the protection of Allah and His Apostle."

We then asked: Who wrote this document for you? He replied: The Apostle of Allah (peace_be_upon_him).

The Apostle of Allah (peace_be_upon_him) said: If you gain a victory over the men of Jews, kill them. So Muhayyisah jumped over Shubaybah, a man of the Jewish merchants. He had close relations with them. He then killed him. At that time Huwayyisah (brother of Muhayyisah) had not embraced Islam. He was older than Muhayyisah. When he killed him, Huwayyisah beat him and said: O enemy of Allah, I swear by Allah, you have a good deal of fat in your belly from his property.

AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (peace_be_upon_him): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Apostle of Allah (peace_be_upon_him) was at that time at Medina before the battle of Badr.

(They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women.

When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Apostle of Allah (peace_be_upon_him).

When this news reached the Apostle of Allah (peace_be_upon_him), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (peace_be_upon_him), they scattered. This reached the infidels of the Quraysh.

The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (peace_be_upon_him), they gathered Banu an-Nadir to violate the treaty.

They sent a message to the Prophet (peace_be_upon_him): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story.

When the next day came, the Apostle of Allah (peace_be_upon_him) went out in the morning with an army, and surrounded them.

He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day.

Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it.

He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Apostle of Allah (peace_be_upon_him). Allah bestowed them upon him and gave them him as a special portion.

He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (peace_be_upon_him) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Apostle of Allah (peace_be_upon_him) which is in the hands of the descendants of Fatimah (Allah be pleased with her).

The Prophet fought with the people of Khaybar, and captured their palm-trees and land, and forced them to remain confined to their fortresses. So they concluded a treaty of peace providing that gold, silver and weapons would go to the Apostle of Allah (peace_be_upon_him), and whatever they took away on their camels would belong to them, on condition that they would not hide and carry away anything. If they did (so), there would be no protection for them and no treaty (with Muslims).

They carried away a purse of Huyayy ibn Akhtab who was killed before (the battle of) Khaybar. He took away the ornaments of Banu an-Nadir when they were expelled.

The Prophet (peace_be_upon_him) asked Sa'yah: Where is the purse of Huyayy ibn Akhtab?

He replied: The contents of this purse were spent on battles and other expenses. (Later on) they found the purse. So he killed Ibn AbulHuqayq, captured their women and children, and intended to deport them.

They said: Muhammad, leave us to work on this land; we shall have half (of the produce) as you wish, and you will have half. The Apostle of Allah (peace_be_upon_him) used to make a contribution of eighty wasqs of dates and twenty wasqs of wheat to each of his wives.

Umar said: The Apostle of Allah (peace_be_upon_him) had transaction with the Jews of Khaybar on condition that we should expel them when we wish. If anyone has property (with them), he should take it back, for I am going to expel the Jews. So he expelled them.

Bashir ibn Yasar, the client of the Ansar, reported on the authority of a group of the Companions of the Prophet (peace_be_upon_him): When the Apostle of Allah (peace_be_upon_him) conquered Khaybar, he divided it into thirty-six lots, each lot comprising one hundred portions. One half of it was for the Apostle of Allah (peace_be_upon_him) and for the Muslims; and he separated the remaining half for the deputations which came to him, other matters and emergent needs of the people.

When Allah bestowed Khaybar on the Apostle of Allah (peace_be_upon_him) as fay' (spoils of war without fighting), he divided the whole into thirty six lots. He put aside a half, i.e. eighteen lots, for the Muslims. Each lot comprised one hundred shares, and the Prophet (peace_be_upon_him) was with them. He received a share like the share of one of them.

The Apostle of Allah (peace_be_upon_him) separated eighteen lots, that is, half, for his future needs and whatever befell the Muslims. These were al-Watih, al-Kutaybah, as-Salalim and their colleagues. When all this property came in the possession of the Prophet (peace_be_upon_him) and of the Muslims, they did not have sufficient labourers to work on it. The Apostle of Allah (peace_be_upon_him) called Jews and employed them on contract.

Khaybar was divided among the people of al-Hudaybiyyah. The Apostle of Allah (peace_be_upon_him) divided it into eighteen portions. The army contained one thousand and five hundred people. There were three hundred horsemen among them. He gave double share to the horsemen, and a single to the footmen.

Abdullah ibn AbuBakr and some children of Muhammad ibn Maslamah said: There remained some people of Khaybar and they confined themselves to the fortresses. They asked the Apostle of Allah (peace_be_upon_him) to protect their lives and let them go. He did so. The people of Fadak heard this; they also adopted a similar way. (Fadak) was, therefore, exclusively reserved for the Apostle of Allah (peace_be_upon_him), for it was not captured by the expedition of cavalry and camelry.

The Apostle of Allah (peace_be_upon_him) took out his fifth from the booty of Khaybar, and divided the rest of it among those who attended the battle and among those who were away from it but attend the expedition of al-Hudaybiyyah.

Al-Abbas ibn AbdulMuttalib brought AbuSufyan ibn Harb to the Apostle of Allah (peace_be_upon_him) in the year of the conquest (of Mecca). So he embraced Islam at Marr az-Zahran. Al-Abbas said to him: Apostle of Allah, AbuSufyan is a man who likes taking this pride, if you may do something for him. He said: Yes, he who enters the house of AbuSufyan is safe, and he who closes his door is safe.

When the Prophet (peace_be_upon_him) alighted at Marr az-Zahran, al-Abbas said: I thought, I swear by Allah, if the Apostle of Allah (peace_be_upon_him) enters Mecca with the army by force before the Quraysh come to him and seek protection from him, it will be their total ruin. So I rode on the mule of the Apostle of Allah (peace_be_upon_him) and thought, Perhaps I may find a man coming for his needs who will to the people of Mecca and inform them of the position of the Apostle of Allah (peace_be_upon_him), so that they may come to him and seek protection from him. While I was on my way, I heard AbuSufyan and Budayl ibn Warqa' speaking.

I said: O AbuHanzalah! He recognized my voice and said: AbulFadl? I replied: Yes. He said: who is with you, may my parents be a sacrifice for you? I said: Here are the Apostle of Allah (peace_be_upon_him) and his people (with him).

He asked: Which is the way out? He said: He rode behind me, and his companion returned. When the morning came, I brought him to the Apostle of Allah (peace_be_upon_him) and he embraced Islam.

I said: Apostle of Allah, AbuSufyan is a man who likes this pride, do something for him. He said: Yes, he who enters the house of AbuSufyan is safe; he who closes the door upon him is safe; and he who enters the mosque is safe. The people scattered to their houses and in the mosque.

Wahb said: I asked Jabir about the condition of Thaqif when they took the oath of allegiance. He said: They stipulated to the Prophet (peace_be_upon_him) that there would be no sadaqah (i.e. zakat) on them nor Jihad (striving in the way of Allah). He then heard the Prophet (peace_be_upon_him) say: Later on they will give sadaqah (zakat) and will strive in the way of Allah when they embrace Islam.

When the deputation of Thaqif came to the Apostle of Allah (peace_be_upon_him), he made them stay in the mosque, so that it might soften their hearts. They stipulated to him that they would not be called to participate in Jihad, to pay zakat and to offer prayer. The Apostle of Allah (peace_be_upon_him) said: You may have the concession that you will not be called to participate in jihad and pay zakat, but there is no good in a religion which has no bowing (i.e. prayer).

When the Apostle of Allah (peace_be_upon_him) appeared as a prophet, Hamdan said to me: Will you go to this man and negotiate for us (with him)? If you accept something, we shall accept it, and if you disapprove of something, we shall disapprove of it.

I said: Yes. So I proceeded until I came to the Apostle of Allah (peace_be_upon_him). I liked his motive and my people embraced Islam. The Apostle of Allah (peace_be_upon_him) wrote the document for Umayr Dhu Marran. He also sent Malik ibn Murarah ar-Rahawi to all the (people of) Yemen. So Akk Dhu Khaywan embraced Islam.

Akk was told: Go to the Apostle of Allah (peace_be_upon_him), and obtain his protection for your town and property. He therefore came (to him) and the Apostle of Allah (peace_be_upon_him) wrote a document for him:

"In the name of Allah, Most Beneficent, Most Merciful. From Muhammad, the Apostle of Allah, to Akk Dhu Khaywan. If he is true his land, property and slave, he has the security and the protection of Allah, and Muhammad, the Apostle of Allah. Written by Khalid ibn Sa'id ibn al-'As."

Abyad spoke to the Apostle of Allah (peace_be_upon_him) about sadaqah when he came along with a deputation to him.

He replied: O brother of Saba', sadaqah is unavoidable. He said: We cultivated cotton, Apostle of Allah. The people of Saba' scattered, and there remained only a few at Ma'arib.

He therefore concluded a treaty of peace with the Apostle of Allah (peace_be_upon_him) to give seventy suits of cloth, equivalent to the price of the Yemeni garments known as al-mu'afir, to be paid every year on behalf of those people of Saba' who remained at Ma'arib.

They continued to pay them till the Apostle of Allah (peace_be_upon_him) died.

The governors after the death of the Apostle of Allah (peace_be_upon_him) broke the treaty concluded by Abyad by Hammal with the Apostle of Allah (peace_be_upon_him) to give seventy suits of garments.

AbuBakr then revived it as the Apostle of Allah (peace_be_upon_him) had done till AbuBakr died. When AbuBakr died, it was discontinued and the sadaqah was levied.

The Prophet (peace_be_upon_him) sent Khalid ibn al-Walid to Ukaydir of Dumah. He was seized and they brought him to him (i.e. the Prophet). He spared his life and made peace with him on condition that he should pay jizyah (poll-tax).

The Apostle of Allah (peace_be_upon_him) concluded peace with the people of Najran on condition that they would pay to Muslims two thousand suits of garments, half of Safar, and the rest in Rajab, and they would lend (Muslims) thirty coats of mail, thirty horses, thirty camels, and thirty weapons of each type used in battle. Muslims will stand surely for them until they return them in case there is any plot or treachery in the Yemen. No church of theirs will be demolished and no clergyman of theirs will be turned out. There will be no interruption in their religion until they bring something new or take usury. Isma'il said: They took usury.

Amr ibn Aws and AbulSha'tha' reported that Bujalah said: I was secretary to Jaz' ibn Mu'awiyah, the uncle of Ahnaf ibn Qays.

A letter came to us from Umar one year before his death, saying: Kill every magician, separate the relatives of prohibited degrees from the Magians, and forbid them to murmur (before eating). So we killed three magicians in one day, and separated from a Magian husband his wife of a prohibited degree according to the Book of Allah.

He prepared abundant food and called them, and placed the sword on his thigh. They ate (the food) but did not murmur. They threw (on the ground) one or two mule-loads of silver. Umar did not take jizyah from Magians until AbdurRahman ibn Awf witnessed that the Apostle of Allah (peace_be_upon_him) had taken jizyah from the Magians of Hajar.

A man belonging to Usbadhiyin of the people of Bahrayn, who were the Magians of Hajar, came to the Apostle of Allah (peace_be_upon_him) and remained with him (for some time), and then came out. I asked him: What have Allah and His Apostle of Allah decided for you? He replied: Evil. I said: Silent. He said: Islam or killing. AbdurRahman ibn Awf said: He accepted jizyah from them. Ibn Abbas said: The people followed the statement of AbdurRahman ibn Awf, and they left that which I heard from the Usbadhi.

Harb ibn Ubaydullah told on the authority of his grandfather, his mother's father, that he had it on the authority of his father that the Apostle of Allah (peace_be_upon_him) said: Tithes are to be levied on Jews and Christians, but not on Muslims.

Harb ibn Ubaydullah ibn Umayr ath-Thaqafi told on the authority of his grandfather, a man of Banu Taghlib: I came to the Prophet (peace_be_upon_him), embraced Islam, and he taught me Islam. He also taught me how I should take sadaqah from my people who had become Muslim. I then returned to him and said: Apostle of Allah, I remembered whatever you taught me except the sadaqah. Should I levy tithe on them? He replied: No, tithes are to be levied on Christians and Jews.

We alighted with the Prophet (peace_be_upon_him) at Khaybar, and he had his companions with him. The chief of Khaybar was a defiant and abominable man.

He came to the Prophet (peace_be_upon_him) and said: Is it proper for you, Muhammad, that you slaughter our donkeys, eat our fruit, and beat our women?

The Prophet (peace_be_upon_him) became angry and said: Ibn Awf, ride your horse, and call loudly: Beware, Paradise is lawful only for a believer, and that they (the people) should gather for prayer.

They gathered and the Prophet (peace_be_upon_him) led them in prayer, stood up and said: Does any of you, while reclining on his couch, imagine that Allah has prohibited only that which is to be found in this Qur'an? By Allah, I have preached, commanded and prohibited various matters as numerous as that which is found in the Qur'an, or more numerous. Allah has not permitted you to enter the houses of the people of the Book without permission, or beat their women, or eat their fruits when they give you that which is imposed on them.

The Prophet (peace_be_upon_him) said: Probably you will fight with a people, you will dominate them, and they will save themselves and their children by their property. The version of Sa'id has You will then conclude peace with them. The agreed version goes: Then do no take anything from them more than that, for it is not proper for you.

Safwan reported from a number of Companions of the Apostle of Allah (peace_be_upon_him) on the authority of their fathers who were relatives of each other. The Apostle of Allah (peace_be_upon_him) said: Beware, if anyone wrongs a contracting man, or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.

I met Bilal, the Mu'adhdhin of the Apostle of Allah (peace_be_upon_him) at Aleppo, and said: Bilal, tell me, what was the financial position of the Apostle of Allah (peace_be_upon_him)?

He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (peace_be_upon_him) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him.

A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants.

When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Apostle of Allah (peace_be_upon_him) returned to his family. I sought permission from him and he gave me permission.

I said: Apostle of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (peace_be_upon_him) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way.

All of a sudden I saw a man running towards me and calling: Bilal, return to the Apostle of Allah (peace_be_upon_him). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission.

The Apostle of Allah (peace_be_upon_him) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground?

I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so.

He then mentioned the rest of the tradition. I then went to the mosque and found that the Apostle of Allah (peace_be_upon_him) was sitting there. I greeted him.

He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Apostle of Allah (peace_be_upon_him). Nothing remains now.

He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Apostle of Allah (peace_be_upon_him) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)?

I said: I still have it, no one came to me. The Apostle of Allah (peace_be_upon_him) passed the night in the mosque.

He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)?

I replied: Allah has given you comfort from it, Apostle of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.

I presented a she-camel to the Prophet (peace_be_upon_him). He asked: Have you embraced Islam? I replied: No. The Prophet (peace_be_upon_him) said: I have been prohibited to accept the present of polytheists.

Rabi'ah reported on the authority of more than one person saying: The Apostle of Allah (peace_be_upon_him) assigned as a fief to Bilal ibn al-Harith al-Muzani the mines of al-Qabaliyyah which is in the neighbourhood of al-Fur', and only zakat is levied on those mines up to the present day.

The Prophet (peace_be_upon_him) assigned as a fief to Bilal ibn al-Muzani the mines of al-Qabaliyyah both which lay on the upper side and which lay on the lower side, and (the land) which was suitable for cultivation at Quds. He did not give him (the land which involved) the right of a Muslim. The Prophet (peace_be_upon_him) wrote a document for him. It goes: "In the name of Allah, the Compassionate, the Merciful. This is what the Apostle of Allah (peace_be_upon_him) assigned to Bilal ibn Harith al-Muzani. He gave him the mines of al-Qabaliyyah, both which lay on the upper side and which lay on the lower side, and (the land) which is suitable for cultivation at Quds. He did not give him the right of any Muslim."

The Prophet (peace_be_upon_him) assigned as a fief to Bilal ibn Harith al-Muzani the mines of al-Qabaliyyah, both those which lay on the upper side those and which lay on the lower side. The narrator, Ibn an-Nadr, added: "also Jars and Dhat an-Nusub." The agreed version reads: "and (the land) which is suitable for cultivation at Quds". He did not assign to Bilal ibn al-Harith the right of any Muslim. The Prophet (peace_be_upon_him) wrote a document to him:

"This is what the Apostle of Allah (peace_be_upon_him) assigned to Bilal ibn al-Harith al-Muzani. He gave him the mines of al-Qabaliyyah both those which lay on the upper and lower side, and that which is fit for cultivation at Quds. He did not give him the right of any Muslim."

The narrator AbuUways said: A similar tradition has been transmitted to me by Thawr ibn Zayd from Ikrimah on the authority of Ibn Abbas from the Prophet (peace_be_upon_him). Ibn an-Nadr added: Ubayy ibn Ka'b wrote it.

Abyad went to the Apostle of Allah (peace_be_upon_him) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.)

So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.

He asked the Apostle of Allah (peace_be_upon_him) for giving him some land which had arak trees growing in it. The Apostle of Allah (peace_be_upon_him) said: There is no (permission for) protecting a land which has arak trees growing in it. He said: These arak trees are within the boundaries of my field. The Prophet (peace_be_upon_him) said: There is no (permission for) protecting a land which has arak trees growing in it.

The narrator Faraj said: By the phrase 'within the boundaries of my field' he meant the land which had crop growing in it and was surrounded on four sides.

The Apostle of Allah (peace_be_upon_him) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (peace_be_upon_him). He found the Prophet of Allah (peace_be_upon_him) had returned and he did not conquer (Ta'if).

On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Apostle of Allah (peace_be_upon_him). He did not leave them until they had surrendered to the command of the Apostle of Allah (peace_be_upon_him).

Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Apostle of Allah, and I am on my way to them. They have horses with them.

The Apostle of Allah (peace_be_upon_him) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas.

The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims.

He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt.

So he returned his aunt to him and asked the Prophet of Allah (peace_be_upon_him): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there.

He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused.

So they came to the Prophet (peace_be_upon_him) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused.

He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water.

He said: Yes, Prophet of Allah. I saw that the face of the Apostle of Allah (peace_be_upon_him) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.

The Prophet (peace_be_upon_him) alighted at a place where a mosque has been built under a large tree. He tarried there for three days, and then proceeded to Tabuk. Juhaynah met him on a wide plain. He asked them: who are the people of Dhul-Marwah? They replied: Banu Rifa'ah of Juhaynah. He said: I have given this (land) to Banu Rifa'ah as a fief. Therefore, they divided it. Some of them sold (their share) and others retained and worked on it.

(Sub-narrator Ibn Wahab said: I then asked AbdulAziz about this tradition. He narrated a part of it to me and did not narrate it in full.

Abdullah ibn Hasan al-Anbari said: My grandmothers, Safiyyah and Duhaybah, narrated to me, that hey were the daughters of Ulaybah and were nourished by Qaylah, daughter of Makhramah. She was the grandmother of their father.

She reported to them, saying: We came upon the Apostle of Allah (peace_be_upon_him). My companion, Hurayth ibn Hassan, came to him as a delegate from Bakr ibn Wa'il. He took the oath of allegiance of Islam for himself and for his people.

He then said: Apostle of Allah (peace_be_upon_him), write a document for us, giving us the land lying between us and Banu Tamim at ad-Dahna' to the effect that not one of them will cross it in our direction except a traveller or a passer-by.

He said: Write down ad-Dahna' for them, boy. When I saw that he passed orders to give it to him, I became anxious, for it was my native land and my home.

I said: Apostle of Allah, he did not ask you for a true border when he asked you. This land of Dahna' is a place where the camels have their home, and it is a pasture for the sheep. The women of Banu Tamim and their children are beyond it.

He said: Stop, boy! A poor woman spoke the truth: a Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against Satan.

I came to the Prophet (peace_be_upon_him), and took the oath of allegiance to him. He said: If anyone reaches a water which has not been approached before by any Muslim, it belongs to him. The people, therefore, went out running and marking (on the land).

The Prophet (peace_be_upon_him) gave az-Zubayr the land as a fief up to the reach of his horse when he runs. He, therefore, made his horse run until it stopped. He then threw his flog. Thereupon he said: Give him (the land) up to the point where his flog has reached.

I testify that the Apostle of Allah (peace_be_upon_him) decided that the land is the land of Allah, and the servants are the servants of Allah. If anyone brings barren land into cultivation, he has more right to it.

This tradition has been transmitted to us from the Prophet (peace_be_upon_him) by those who transmitted the traditions about prayer from him.

She was picking lice from the head of the Apostle of Allah (peace_be_upon_him) while the wife of Uthman ibn Affan and the immigrant women were with him. They complained about their houses that they had been narrowed down to them and they were evicted from them. The Apostle of Allah (peace_be_upon_him) ordered that the houses of the Immigrants should be given to their wives. Thereafter Abdullah ibn Mas'ud died, and his wife inherited his house in Medina.

The Prophet (peace_be_upon_him) said: If anyone takes land by (paying) its jizyah, he renounces his immigration; and if anyone takes off the disgrace of an unbeliever from his neck he turns away his back from Islam. He (the narrator) said: Thereafter Khalid ibn Ma'dan heard this tradition from me, and he said: Has Shubayb narrated it to you? I said: Yes. He said! When you come to him, ask him to write this tradition to me. He said: He then wrote it for him. When I came, Khalid ibn Ma'dan asked me for the paper and I gave it to him. When he read (the paper), he abandoned the lands he had in his possession the moment he heard this.

Al-Miqdad went to Baqi' al-Khabkhabah for a certain need. He found a mouse taking out a dinar from a hole. It then continued to take out dinars one by one until it took out seventeen dinars. It then took out a red purse containing a dinar. There were thus eighteen dinars. He took them to the Prophet (peace_be_upon_him), informed him and said to him: Take its sadaqah. The Prophet (peace_be_upon_him) asked him: Did you extend your hand toward the hole? He replied: No. The Apostle of Allah (peace_be_upon_him) then said: May Allah bless you in it.

When we went out along with the Apostle of Allah (peace_be_upon_him) to at-Ta'if we passed a grave. I heard the Apostle of Allah (peace_be_upon_him) say: This is the grave of AbuRighal. He was in this sacred mosque (sanctuary) protecting himself (from punishment). When he came out, he suffered the same punishment which his people suffered at this place, and he was buried in it. The sign of it is that a golden bough was buried with him. If you dig it out, you will find it with him. The people hastened to it and took out the bough.